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IDIs wrote:3. CALCULATION OF THE FOUR YEAR PERIOD FOR SETTLEMENT
In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.
3.1. Discretion in cases where continuous residence has been broken
In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
•
there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.
NB: Decisions in such cases must be taken at HEO level or above.
In cases involving breaks in residence and/or employment or self-employment other than or in excess of those detailed above, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7
That's what the caseworker told him. So the HO may have updated their internal copies of the IDIs.republique wrote:where is that written, I didn't think they had updated the rules to account for 5 years and were keeping the 4 years calculation for ILR.paulp wrote:180/4 * 5 = 225republique wrote:they said you have 225 days absent when the limit is 180.
I think she meant 225 out of the 281 she couldn't disregard and not based on your lovely calculation due to an internal understanding of what the number should be.paulp wrote:That's what the caseworker told him. So the HO may have updated their internal copies of the IDIs.republique wrote:I am not sure that he meant that based on your calculationpaulp wrote:180/4 * 5 = 225republique wrote:they said you have 225 days absent when the limit is 180.
He could have met he saw 225 absences out of the
where is that written, I didn't think they had updated the rules to account for 5 years and were keeping the 4 years calculation for ILR.
See below:republique wrote:I think she meant 225 out of the 281 she couldn't disregard and not based on your lovely calculation due to an internal understanding of what the number should be.paulp wrote:That's what the caseworker told him. So the HO may have updated their internal copies of the IDIs.
passport_seeker wrote:When having my interview they told me it was 225 days not 180.
that might be the case, but the way it has been phrased it can be just as well what I am proposingpaulp wrote:See below:republique wrote:I think she meant 225 out of the 281 she couldn't disregard and not based on your lovely calculation due to an internal understanding of what the number should be.paulp wrote:That's what the caseworker told him. So the HO may have updated their internal copies of the IDIs.passport_seeker wrote:When having my interview they told me it was 225 days not 180.
Ah that's too badpassport_seeker wrote:The case worker told me that the limit I was allowed out the country was 225 days. They said I had exceeded that which is in line with the amount of days I was out of the country.
They ended up giving me a five year visa which is Temp leave to remain. However that puts me right back where I was when I first entered the UK. So in all likelyhood, in five years time I will have to get another visa for three years before I can apply for citizenship. This is based on the upcoming changes of extending the time period!
I arrived in 2003. In 2004 I went backpacking for over three months. In 2006 I had work experience abroad which lasted over three months.paulp wrote:passport_seeker, can you give us the dates when you have those 3+ month breaks? In the next five years, you can apply at any time that your stays abroad become ok. The aim is to find if you can apply in 1 or 2 years.
That work experience abroad in 2006, was it in any way related to your job in the UK, or even better, were you sent or asked to go by your UK employer?passport_seeker wrote:I arrived in 2003. In 2004 I went backpacking for over three months. In 2006 I had work experience abroad which lasted over three months.
They gave me a visa for five further years under Temp leave to remain. However it seemed that this may not always be the case. They told me to come back after a few hours whilst a senior case worker decided my future status in the UK. I thought for a moment that I would eventually have to leave.majic wrote:Dear All,
I have been reading your discussions and have two questions:
a) In you case when they said the you dont qualify for ILR did they extend you FLR?
b) DO you have to give a test when completing 5 years in the UK and going for ILR?
regards